The Karnataka High Court has overturned an order issued by the Pre-University Education Department that denied a compassionate appointment to the son of a deceased employee, solely because there was no vacancy at the institution where the deceased had worked. The court held that such rejection violates the provisions of the Karnataka Pre-University Education (Academic, Registration, Administration, Grant-in-aid etc.) (Amendment) Rules, 2010, and mandated strict adherence to these rules by the authorities when deciding compassionate appointment applications.

 

The petitioner, Santosh Yamanappa Wadakar, son of the late First Grade Assistant employed at Adarsh Composite Pre-University College, Bevoor in Bagalkot district, had applied for a compassionate appointment following his father’s demise. His application was submitted to the Chairman of Adarsh Vidya Vardhaka and subsequently forwarded to the Deputy Director of Pre-University Education, who rejected it citing absence of vacancy in the deceased’s institution.

 

Justice Suraj Govindaraj, while examining Clauses 1(a) and 1(b) of the 2010 Rules, observed that the rules mandate a hierarchical process for compassionate appointments. Initially, the appointment should be made in the private aided Pre-University educational institution where the deceased was employed.

 

If no vacancy exists there, the Deputy Director must then identify vacancies in any other aided pre-university institution within the same district. Failing that, the Director has the authority to locate a suitable vacancy anywhere within the State for such appointment.

 

The court found that the rejection solely based on no vacancy in the deceased’s institution was contrary to this procedural mandate. It emphasized that the respondents are obligated to follow the prescribed rules meticulously and consider the petitioner’s claim in accordance with them.

 

The Karnataka High Court set aside the Deputy Director’s rejection order and remanded the matter for fresh consideration. It directed the Deputy Director to identify any vacancy in aided pre-university institutions within the district where the deceased had worked. If no such vacancy is available, the matter should be escalated to the Director for identifying vacancies anywhere within Karnataka for the compassionate appointment.

 

• The deceased employee was a First Grade Assistant at Adarsh Composite Pre-University College, Bevoor, Bagalkot District, a private aided institution.

• The petitioner’s compassionate appointment application was initially rejected on the ground of no vacancy at the deceased’s institution alone.

• The High Court stressed that rejection on this limited ground was illegal and inconsistent with the 2010 Rules.